The European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations, 2001 (S.I. No. 207 of 2001), which I made last year, prohibit a supplier from enforcing a distance contract against a consumer if the contract is made by, amongst others, unsolicited commercial communications by electronic mail, UCE, unless there has been no clear objection from the consumer to this. The regulations also prohibit a supplier from enforcing a distance contract against a consumer where an automated calling system or a fax machine is used by the supplier unless the consumer has given his or her prior consent to this.
Draft regulations to give effect to those provisions of the Electronic Commerce Directive (2000/31/EC) that were not transposed by the Electronic Commerce Act, 2000, are with the Attorney General for approval. These regulations will include provisions on UCE in line with Article 7 of the directive which requires member states which permit UCE to ensure that it is clearly identifiable as such as soon as it is received by the recipient. Article 7 also requires those sending UCE to consult regularly and respect opt out registers in which individuals not wishing to receive UCE can register their details.